Question
1. A situation that arises when both parties wish to use their own standard contract, which always contains the same terms and conditions and is
1. A situation that arises when both parties wish to use their own standard contract, which always contains the same terms and conditions and is typically non-negotiable, is referred to as
A. Boilerplate.
B. Litigation.
C. A battle of the forms.
D. Negotiated agreement.
2. If a purchaser and a supplier both use standard forms for their transactions and enter a contract that each believes is properly based on its own form, a judge will
A. Choose the purchaser's form as the one that governs the contract.
B. Choose the supplier's form as the one that governs the contract.
C. Reject both parties' forms, and rely on common law principles instead.
D. Choose the form that most closely reflects the parties' actual agreement.
3. A shipping company offers a $20,000 reward to the first business to locate one of the company's ships that sunk off the coast of Nova Scotia, laden with valuable cargo. This is an example of
A. A unilateral contract that can be accepted by performance.
B. A bilateral contract that will be accepted by a business that promises to conduct the search.
C. A unilateral contract that will be accepted by a business that promises to conduct the search.
D. A bilateral contract that can be accepted only by performance.
4 .Martin lost his wallet on public transit. There was some money in it, plus all his payment cards and identification, plus some important family photos. Martin offered a $100 reward, no questions asked, if the wallet is returned. Abdul finds the wallet and returns it to Martin. Abdul did not know about the reward. Does Abdul have a legal right to the reward?
A. No, because the offer of a reward is not contractual in nature.
B. No, because a unilateral contract requires that the performance of the act must be done with the offer in mind.
C. Yes, provided there is nothing missing from the wallet.
D. Yes, because Abdul performed the stipulated act, so he is entitled to the reward.
5 . A magazine publisher ships the inaugural copy of its new fashion magazine, Dazzle, to every resident of two fancy condominium complexes on the Vancouver waterfront. The promotional material accompanying the magazine states, "If you don't send in the enclosed form rejecting this fabulous offer, we will assume that you wish to receive a full year's subscription at the special low price of $63 and will bill you accordingly. We don't expect to hear from you!" If you are a resident of the condominium complexes, can the publisher bind you to a subscription if you don't send in the rejection slip?
A. Yes, this is a bilateral contract that you accept by doing nothing.
B. Yes, this is a unilateral contract.
C. No, your silence cannot be used as a binding form of acceptance.
D. No, unless the publisher can prove that you picked up the magazine and read the notice
6 . Which one of the following statements related to the concept of acceptance is FALSE?
A. A business could impose a contract upon you by specifying that your silence will be treated as an unconditional acceptance of their offer.
B. Counter-offers do not have the same legal effect as an acceptance.
C. Acceptance of unilateral contracts can be accomplished by performing the requested task.
D. Acceptance of bilateral contracts could be accomplished by simply saying yes to an offer that was clearly communicated.
7 . An offer is sent by mail. The acceptance is sent by mail. If the postal rule applies, a contract will be created
A. When acceptance is received.
B. When acceptance is sent.
C. When the offer is received.
D. When the offer is sent.
8 . The general rule of acceptance by instantaneous communication states that acceptance occurs
A. When it is received.
B. When it is sent.
C. When and where it is received.
D. Where it is received.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started